Prescription Act

PRESCRIPTION 1 THE PRESCRIPTION ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Effect of twenty years’ enjoyment of casements. ways, etc.. over 3. Effect of twenty years’ access and use of light or air. 4. Effect of twenty years’ user by the public or any class of the 5. Computation of time. 6. No presumptions to be drawn from use for a less period. 7. Provisions in cases of persons under disabilities. 8. Provisions in cases of tenancies for life, or for any term 9. Procedure for establishing right under section 4. lands. public of a beach and of means of access thereto. exceeding three years. 10. Production of documents of title and procedure therdtcr. me inclusion of this page is authorized by L.N. 480/1973] PRESCRIPTION 3 THE PRESCRIPTION ACT [2.5th February, 1882.1 1. This Act may be cited as the Prescription Act. Cap. 3040 Law 650f 1955. ACt 42 of 1969 3rd Sch. Short title. 2. When any profit or benefit, or any way or easement, Effectof or any watercourse, or the use of any water, a claim to years’ which may be lawfully made at the common law, by ;jeDaYsrtnt custom, prescription or grant, shall have been actually merits, ways, etc., enjoyed or derived upon, over or from any land or water of over Her Majesty the Queen, or of any person, or of any body lands. corporate, by any person claiming right thereto, without interruption for the full period of twenty years, the right thereto shall, subject to the provisos hereinafter contained be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. twenty 3. When the access and use of light or air to and for Effectof any dwelling-house, workshop or other building, shall gi:jy have been actually enjoyed therewith for the full period ;=& of twenty years without interruption, the right thereto oflight shall, subject to the proviso hereinafter contained, be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose in writing. or air. m e inclusion of this page is authorized by L.N. 480/1973] 4 Effect of twenty years' user by the public or any class of the public of a beach and of means of access thereto. 6511955 s. 2. 421 1969 3rd Sch. Computa tion of time. No pre sumptions to be drawn from use for a less period. PR ESC RlPTIO N 4.-(1) When any beach has been used by the public or any class of the public for fishing, or for purposes incident to fishing, or for bathing or recreation, and any road, track or pathway passing over any land adjoining or adjacent to such beach has been used by the public or any class of the public as a means of access to such beach, without interruption for the full period of twenty years, the public shall, subject to the provisos hereinafter con tained, have the absolute and indefeasible right to use such beach, land, road, track or pathway as aforesaid, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. (2) No act or other matter, whether submitted to or acquiesced in or not, shall be deemed to be an interrup tion within the meaning of subsection (1) if the same took place between the 8th day of February, 1954, and the 30th day of December, 1955. 5. Each of the respective periods hereinbefore mentioned shall be deemed and taken to be the period before some action or suit wherein the claim or matter to which such period may relate shall have been, or shall be brought in question; and no act or other matter shall be deemed to be an interruption within the meaning of this Act unless the same shall have been, or shall be, submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof and of the person making or authorizing the same. 6. In the several cases mentioned in and provided for by this Act no presumption shall be allowed or made in favour or support of any claim upon proof of the exercise or enjoyment of the right or matter claimed for any less IThe inclusion of this page is authorized by L.N. 480/19731 PRESCRIPTION period of time, or number of years, than for S U C ~ ~ period or number mentioned in this Act as may be applicable to the case and to the nature of the claim. 7. Provided always that the time during which any Provisions pzrson, otherwise capable of resisting any claim to any of the matters before mentioned, shall have been or shall :::::$ be an infant, idiot or non compos rnentis, shall be excluded in the computation of the periods hereinbefore mentioned, so that however in no case shall a claim to any of the matters aforesaid be liable to be defeated, by reason of anything in this section contained after such enjoyment as is hereinbefore described for the full period of thirty years. in cases of 8. Provided always that when any land or water, upon, provisions over or from which any such profit or benefit, way, ease- ~ ~ ~ , s O f ment, watercourse or use of water, shall have been or shall forlife.or be enjoyed or derived hath been or shall be held under or by tern virtue of any term of life, or any term of years exceeding threeyearS. three years from the granting thereof, the time of the enjoyment of any such profit or other matter during the continuance of such term shall be excluded in the computa tion of the said period of twenty years, in case the claim thereto shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion or remainder expectant on the determination thereof. for any exceeding 9. Where the public or any class of the public have used Procedure any beach, land, road, track or pathway in the manner lishing for estab right under section 4. specified in subsection (1) of section 4 for the period mentioned in the said subsection and such user is disputed, 65,1955 beach, land, road, track or pathway is situated (hereafter in this Act referred to as “the Court”) under section 99 of the \ < ? any person concerned in the dispute may lodge a plaint in s. 3. the Resident Magistrate’s Court for the parish in which such L [The inclusion of this page is authorized by L.N. 480/1973] 6 PR ESCRIFTION '. Production of dmu ments of title and procedure thereafter. 651 1955 s. 3. Judicature (Resident Magistrates) Act and the provisions of sections 99 to 104 (inclusive) of the said Act shall apply to the matter in dispute. 10.-(1) Any person in possession of any document of title relating to any beach, land, road, track or pathway with respect to the user of which a plaint has been lodged pursuant to section 8 shall produce such document to the Court. (2) If the title to the beach or land is registered under the Registration of Titles Act, the Clerk of the Court shall forward the duplicate certificate of title together with a certified copy of the judgment of the Court to the Registrar of Titles who shall forthwith make an appropriate note upon such duplicate and upon the certificate of title, after which the duplicate shall be returned to the person who produced it to the Court 'or to his representative. (3) If the title to such beach or land is not registered under the Registration of Titles Act, the Clerk of the Court shall forward a certified copy of the judgment of the Court to the Deputy Keeper of Records who shall forthwith record the same. [The inclusion of this page is authorized by L.N. 480/1973] 2 PRINTERS Penalty. 5. Every person who commits an offence against this Act shall be liable on summary conviction before a Resident Magistrate, (a) if he is convicted of an offence under paragraph (a) of section 3 or under subsection (1) of section 4, to a penalty not exceeding one hundred dollars and in default of payment to imprisonment for a term not exceeding three months; (b) if he is convicted of an offence under paragraph (b) of section 3, to a penalty not exceeding twenty dollars and in default of payment to imprison ment for a term not exceeding one month. Exemptions. 6. The provisions of this Act shall not apply to (a) the impression of any engraving, or to the print ing of any business or visiting card, or to any business bill-head, or to any letter heading; or (b) any bill of exchange, or promissory note, or any bond or other security for payment of money, or any bill of lading, policy of insurance, letter of attorney, deed, or agreement, or any transfer or assignment of any public stocks, funds, or other securities, or any transfer or assignment of the stocks of any public corporation or company authorized or sanctioned by law, or any dividend warrant of or for any such public or other stocks, funds, or securities, or any receipt for money or goods, or any proceeding in any court of law or equity, or in any inferior court, or any warrant, order, or other papers printed by the authority of any public board or public officer in the execution of the duties of their respective offices, notwith standing the whole or any part of the said several securities, instruments, proceedings, matters, and things aforesaid shall have been or shall be printed. [The inclusion of this page is authorized by L.N. 480/ 19731